Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 4177 (UTT)

SARFARAZ AND OTHERS v. STATE OF UTTARAKHAND

C528/419/2026 · 2026-03-16

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 419 of 2026 Hon ’ble Alok Mah r a, J. Mr. Vaibhav Singh Chauhan, learned counsel for the applicants. 2. Mr. S.C. Dumka, learned D.A.G. for the State. 3. Mr. Abhishek Joshi, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with a prayer to set-aside the chargesheet, summoning/ cognizance order as well as the entire proceedings of Criminal Case No. 2484 of 2019 (New No. 1727 of 2019), State Vs. Sarfaraz and Others, under Sections 323, 504, 506 and 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act, pending in the court of learned Civil Judge (Jr.Div.)/ Judicial Magistrate, Doiwala, District Dehradun, on the basis of compromise between the parties. 5. Now, parties have entered into an agreement and they have settled their grievances. They are present before this Court and are duly identified by their respective counsels. Applicant no. 1 has submitted that mutual divorce has been executed between them and both of them have remarried. Respondent no. 2 has submitted that she does not want to proceed with the case. Parties have also filed their respective affidavits stating the facts of compromise between them. 6. Compounding application (IA/ 1/ 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504, 506 and 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act. 7. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 8. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 9. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court, especially in matrimonial disputes. 10. Furthermore, Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 11. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 2484 of 2019 (New No. 1727 of 2019), State Vs. Sarfaraz and Others, under Sections 323, 504, 506 and 498- A of IPC and Section 3/ 4 of Dowry Prohibition Act, pending in the court of learned Civil Judge (Jr.Div.)/ Judicial Magistrate, Doiwala, District Dehradun, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 12. C-528 application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 16.03.2026 Ujjwal